Expert: Samsung IP practices in line with others
When it comes to filing disclosures of patents on standards-in-progress at ETSI, turns out pretty much everyone is late, according to an analysis of a public ETSI database by an expert hired by Samsung.
In fact on average Apple was 250 days late in filing notice of its standards-essential patents at ETSI. HTC was 250 days late, and Nokia was 1,000 days late, according to the analysis of David Teece, a business professor at University of California at Berkeley.
Figures for telecom giants “Ericsson and Motorola were similar--we are talking weeks, and months and sometimes years,” said Teece in testimony in the final minutes of the Apple vs. Samsung case. “They don’t hardly ever disclose until the patents issue,” he said.
“The practice at ETSI is companies frequently provide information about patents after they issue,” he added.
For years companies have leveled accusations that competitors have withheld information about their patents until their related proposals are accepted into a standard. The paranoia seems to be easing as companies embrace the idea they must partner broadly to participate in global markets, said an ETSI expert who testified for Apple.
Sometimes companies disclose patents late because, like IBM, they have so many patents they did not know they had any in the standard at issue, he said. Others file late because they acquire patents as part of a corporate merger, he added.
Separately, Teece said he disagreed with testimony from a former TI patent counsel who said Samsung did not offer Apple FRAND terms for its 3G patents. The offer of a royalty rate of 2.4 percent of the handset’s price “was in the range of rates I had seen,” said Teece.
He also noted using the handset’s cost rather than the cost of the infringing baseband controller was in line with industry practice. In addition, a Samsung letter to Apple making the offer also opened the door to negotiations on a cross license, an offer to which Apple did not respond, he said.
The rest of the afternoon was generally filled with rebuttal testimony with experts from both sides attacking experts from the other about the particulars of patents in the case.
Both sides have now rested. Closing arguments are scheduled for Tuesday. By the end of that day the matter will sit with nine San Jose jurors.